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Bribery and corruption

Mongolia should strengthen its institutions and guarantee their independence in the fight against corruption

 

04/04/2019 - Mongolia should strengthen its institutions, especially the Independent Authority Against Corruption (IAAC), the Judiciary and the Prosecution Service, and guarantee their independence in order to achieve tangible impact in the fight against corruption, according to a new OECD report.

The report welcomes some positive developments, in particular the adoption of the Anti-Corruption Strategy and the Action Plan targeting corruption prone areas, as well the enhanced performance of Mongolia’s anti-corruption agency, the IAAC. Mongolia has started to demonstrate its enforcement efforts to address pervasive grand corruption, by convicting several high-level officials and opening a number of investigations. However, ongoing attacks threatening the independence of the IAAC and attempts to interfere in its activities are worrying and pose an obstacle to Mongolia’s anti-corruption efforts. The report calls on Mongolia to ensure that the IAAC carries out its functions free from undue influence and strictly uphold guarantees of independence, such as those related to the term of office of the Head of the IAAC.

Mongolia should also ensure the independence and integrity of judges and prosecutors and prevent political as well as any other forms of interference in their work. The recent amendments to the Laws on the Legal Status of Judges, Public Prosecutor's Office and Anti-corruption on 27 March 2019, and subsequent dismissals of the Chief Justice of the Supreme Court and the Prosecutor-General, constitute alarming developments, which reinforce the concerns raised in the report with regard to the independence of these institutions.

The report also welcomes the introduction of e-procurement, and improvements made by Mongolia to the asset declaration systems. It notes, however, that Mongolia should address limiting the applicability of the public procurement law along with the increased use of non-competitive procedure. The report highlights positive changes in Mongolia's criminal law, including extending the scope of corporate liability and criminalising illicit enrichment, and encourages further improvements in line with international anti-corruption standards.

The report further recommends that Mongolia:

  • Take necessary measures to address the politicisation of the civil service and malpractices in appointments, as well as the high turnover of staff after each political change;
  • Ensure the objective and transparent selection of the Public Council members responsible for the oversight of the IAAC and ensure their accountability;
  • Strengthen the implementation of the National Anti-Corruption Strategy and the Action Plan by the responsible bodies and provide necessary cooperation to the IAAC to advance anti-corruption reforms;
  • Address the challenges of grand corruption and widespread conflict of interest, and intensify efforts to detect, investigate and prosecute high-profile and complex corruption cases using diverse sources of detection and analytical tools;
  • Ensure the systematic and objective verification of asset declarations by high-level officials and follow-up on potential violations;
  • Strengthen the capacities and specialisation of anti-corruption investigators and prosecutors;
  • Ensure proactive and systematic engagement with civil society.

The report also provides an in-depth analysis of political corruption, and includes a set of recommendations to address the high risks related to this form of corruption. It urges Mongolia to introduce, without further delay, a comprehensive legal framework on political party financing and ensure its effective enforcement.

The full report and recommendations is available here.

The report is published under the Istanbul Anti-Corruption Action Plan, launched in 2003 as part of the Anti-Corruption Network for Eastern Europe and Central Asia (ACN), a regional initiative of the OECD Working Group on Bribery. More information is at www.oecd.org/corruption/acn/.

For further information, contact Olga Savran, ACN Manager at the OECD’s Anti-Corruption Division at +33 1 45 24 13 81 or Olga.Savran@oecd.org.

 

 

Working with over 100 countries, the OECD is a global policy forum that promotes policies to improve the economic and social well-being of people around the world.

 

 

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